Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)

No. and year of law

Short title

Extent of repeal or amendment

Act 23 of 1957

Sexual Offences Act

1.

The amendment of section 1 by the insertion after the definition of "court" of the following definition:

' "female" means a female person 18 years or older;'.

2.

The substitution of subsection (1) of section 12A for the following subsection:

'(1)

Any person who, with intent or while he reasonably ought to have foreseen the possibility that any person, who is 18 years or older, may have unlawful carnal intercourse, or commit an act of indecency, with any other person for reward, performs for reward any act which is calculated to enable such other person to communicate with any such person, who is 18 years or older, shall be guilty of an offence.'.

3.

The amendment of section 19 by the substitution for [sic] the following section:

"19

(1)

Any person who [—

(a)]

entices, solicits, or importunes in any public place for immoral purposes [; or

(b)

wilfully and openly exhibits himself or herself in an indecent dress or manner at any door or window or within view of any public street or place or in any place to which the public have access],

shall be guilty of an offence.

(2)

Any person 18 years or older who wilfully and openly exhibits himself or herself in an indecent dress or manner at any door or window or within view of any public street or place or in any place to which the public have access, shall be guilty of an offence.'.

4.

The amendment of section 20 by the—

(a)

substitution for subsection (1) of the following subsection:

"(1)

Any person who—

(a)

knowingly lives wholly or in part on the earnings of prostitution; or

[(aA)

has unlawful carnal intercourse, or commits an act of indecency, with any other person for reward; or

(b)

in public commits any act of indecency with another person; or]

(c)

in public or in private in any way assists in bringing about, or receives any consideration for, the commission by any person of any act of indecency with another person,

shall be guilty of an offence.'; and

(b)

insertion after subsection (1) of the following subsection:

"(1A)

Any person 18 years or older who—

(a)

has unlawful carnal intercourse, or commits an act of indecency, with any other person for reward; or

(b)

in public commits any act of indecency with another person,

shall be guilty of an offence.'.

5.

The substitution for section 22 of the following section:

"22

Penalties

Any person who is convicted of an offence under the provisions of this Act for which no special penalty is prescribed, shall be liable—

(a)

in the case of an offence referred to in section 2 or 20(1)(a) or [(aA)] (1A)(a), to imprisonment for a period not exceeding three years with or without a fine not exceeding R6 000 in addition to such imprisonment;

[(b)

in the case of an offence referred to in section 9(1), to imprisonment for a period not exceeding five years, or, if the child concerned is a boy under the age of 14 years or a girl under the age of 12 years, for life;]

(c)

......

(d)

in the case of an offence referred to in section [11,] 12A or [or 18], with a fine, or imprisonment for a period not exceeding five years;

(e)

in the case of an offence referred to in section 10 or 12(1) [or 13(1)],

to imprisonment for a period not exceeding seven years;

(f)

in the case of an offence referred to in section [14(1), 14(3), 15 or] 17, to imprisonment for a period not exceeding six years with or without a fine not exceeding R12 000 in addition to such imprisonment;

(g)

in the case of an offence referred to in section [18A, 19, 20(1)(b) or (c), or 20A(1),] 19 or 20(1)(c) or (1A)(b) to a fine not exceeding R4 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.".

7.

The repeal of sections 9, 11, 12(2) 13, 14, 15, 18, 18A and 20A.